Revision of criminal sentence: adjustment of aggregate custodial penalty within appellate discretion

The Federal Court of Justice (BGH), 6th Criminal Senate, dismissed the defendant’s appeal as unfounded while modifying the lower court’s sentencing to a total custodial sentence of five years and six months, placing the costs of the legal remedy on the appellant. The dispute arose from the defendant’s challenge to a criminal judgment issued by the Regional Court of Stade on October 1, 2024, concerning the adequacy of the aggregate penalty imposed. The court’s decision relied on the provisions of the Code of Criminal Procedure, specifically citing § 473(1) StPO for the allocation of procedural costs, and applied its statutory authority to correct the sentencing within the scope of the appeal, thereby altering the operative part of the original judgment regarding the length of imprisonment.